Accelerant Specialty Insurance Company v. KKS Marine II, LLC

I. BACKGROUND

23 Plaintiff issued an insurance policy covering KKS’s yacht, named the Life Doesn’t 24 Suck (“Vessel”). (Complaint (“Compl.”), Doc. No. 1, ¶¶ 5, 9.) In May 2023, the Vessel’s 25 port engine overheated, and KKS filed an insurance claim with Plaintiff. (Id. ¶¶ 8, 15.) 26 Plaintiff ultimately denied KKS’s insurance recovery claim. (Id. ¶ 22.) 27 /// 28 On January 31, 2024, the same day Plaintiff denied KKS’s insurance claim, Plaintiff filed its Complaint, seeking Declaratory Judgment on three counts asserting various breaches and lack of coverage under the insurance policy at issue. (See generally id.) Plaintiff alleges the case is an admiralty and maritime case within the meaning of Federal Rules of Civil Procedure 9(h) and 38(e), and this Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1333. On March 25, 2024, KKS filed its Answer and two Counterclaims, alleging Plaintiff improperly denied coverage under the insurance policy at issue. (See Doc. No. 9.) In its Answer, KKS “admits the Court has subject matter jurisdiction over this action pursuant to U.S.C. § 1333.” (Id., Answer ¶ 2.) …